Judges` Campaign Brochures Raise Ire, Questions Of Ethics

August 30, 1986|By MARILYN WEEKS, Politics Writer

A controversial paid political advertisement promoting three candidates for judgeships has been condemned by political leaders and voters alike for being misleading and questioned as to being in violation of state election laws.

The small booklet -- one for Republicans, another for Democrats -- lists the candidates in Tuesday`s election. Mistaken for an official sample ballot, many voters were upset by the bright blue ``endorsement`` check marks that appeared after the names of County Judges Irwin Berkowitz and Brian Kay, and Linda Raspolich Pratt, all candidates for circuit judge posts.

Decorated with American flags and listing the telephone number of the Broward County Supervisor of Elections Office as a source of information, the countywide mailing also featured family pictures and reproductions of campaign literature of the three judicial hopefuls.

``I think there is a question of ethics,`` said Broward Elections Supervisor Jane Carroll, whose office was flooded with calls. ``I think it implies that (the judicial candidates) are running in a Democratic or Republican primary, when the law says they must run non-partisan.``

All three candidates said they were approached by the owner of Q Company in Pembroke Pines to buy an advertisement in the mass mailing that would be designed to look like a sample ballot. Q Company printed and mailed the ballot. The candidates denied that there was any conflict of interest or that the advertisements were misleading.

``It was just an advertising venture,`` said Lloyd Stuart, owner of Lloyd`s Printing in Hollywood and the bulk mailing permit used to mail the ballots.

Stuart said he loaned the permit to Q Company`s owner, Barry Harris, who works out of the printing shop on Pembroke Road. Harris asked various candidates to participate in the advertisement, but ``those were the only three that were interested,`` Stuart explained.

Ed Pyers, assistant state attorney, said his office is investigating.

``The matter was referred to me by Jane Carroll`s office, because they were getting a lot of calls,`` Pyers said. ``We`re looking into it.``

Pending the outcome of that investigation, Carroll said she may refer the advertisements to state ethics officials. Florida Statutes say that judicial candidates may not run as a member of any party, or publicly campaign or advertise as a member of a political party.

``I had seen ones used in previous elections. Numerous candidates have used (the ballot-type mailer),`` said Berkowitz. ``It was never designed to be construed as anything official. It was just a piece of routine campaign literature.``

Berkowitz said he paid $2,000 for his advertising portion in the brochures. The campaign reports filed in Carroll`s office also show a $2,000 expenditure to Q Company as the ``deposit/sample ballot`` for Kay.

The thousands of booklets arrived in mailboxes Wednesday, and by Thursday -- despite the small ``paid political ad`` disclaimer on the back of the booklet -- angry recipients protested to one of three offices they assumed to be responsible: Carroll`s office or their local party headquarters.

The deluge of calls to both the Democratic and Republican headquarters continued Friday, and at one point, Broward GOP executive committee member Peggy Benedikt said the office was filled with people who couldn`t get through on the phone.

``People are upset because they know judges run non-partisan,`` said Benedikt. ``And they want to know why the party is checking off judges.``

At Democratic headquarters, June Silvernail said the telephones had not stopped ringing as Democrats complained about the party sending out a ballot that singled out three candidates.